I have eicarcom2.zip in 'My Documents'. It is in the Exclusions area in Setup, and when scanning the machine NOD32 will ignore the file (as expected). After a virus definition update though, it promptly forgets the exclusion and quarantines the file when running the next scan. I know you can ask NOD32 to scan without cleaning but this is not the default setting and someone with considerably more important things excluded than the eicar test files (loads of media / disc backups for example) would end up with a severe headache under those circumstances. Unless I've got something completely wrong here, this would appear to be an important bug.